Professionalism as Bar Politics: The Making of the Model Rules of Professional Conduct

Based on extensive archival research, this article offers a political account of the six-year process in which the ABA developed its latest ethics code for lawyers, the Model Rules of Professional Conduct. The article casts doubt on the validity of several functionalist and critical theories about the provenance and significance of professional ethics codes generally and the ABA's codes in particular. It evaluates the Model Rules process as an instance of de facto law making by a private group. And it identifies a lawyer's "professionalism-in-fact"–a set of common themes in the way lawyers currently think about the field of legal ethics. At the same time, however, the article stresses the ethical pluralism and structural differentiation of today's legal profession and roots the ethical preoccupations of various types of lawyers in the circumstances of their particular practices.     

Concession or compromise? The politics of abortion in United Germany

Most GDR policies instituted to secure women's equality between 1949 and 1989 have been dismantled in the name of German unity, including freedom of choice regarding abortion. That right ceased to exist in May 1993, when the Constitutional Court imposed a number of western restrictions on eastern women as the new law of the land. This study addresses the post‐unity search for an acceptable compromise between the western constitutional mandate of foetal protection and the eastern guarantee of a woman's right to choose. It argues that a three‐year reform process which should have provided a positive introduction to the art of democratic compromise served instead as a negative socialising experience for Germans in the new Lander. Besides denying them a chance to render a meaningful policy contribution to their new state, the nature of the process has distorted East German perceptions of the quintessential ‘balance of power’ between legislative and judicial institutions under democracy. ‘Compromise’ has been attained, but consequences for the German Rechtsstaat are not all positive.     

Transportation infrastructure and regional economic development in China

This study examines the trend of transportation investment and analyzes the effect of transportation investment on regional economic development in China. Results from cross-section analysis indicate that those provinces that have invested more in transportation infrastructure tend to have greater output.     

Remote spectroscopic identification of bloodstains

Blood detection and identification at crime scenes are crucial for harvesting forensic evidence. Unfortunately, most tests for the identification of blood are destructive and time consuming. We present a fast and nondestructive identification test for blood, using noncontact reflectance spectroscopy. We fitted reflectance spectra of 40 bloodstains and 35 nonbloodstains deposited on white cotton with spectroscopic features of the main compounds of blood. Each bloodstain was measured 30 times to account for aging effects. The outcome of the blood measurements was compared with the reflectance of blood-mimicking stains and various body fluids. We found that discrimination between blood and nonblood deposited on white cotton is possible with a specificity of 100% and a sensitivity of 98%. In conclusion, a goodness of fit between the sample's reflectance and the blood component fit may allow identification of blood at crime scenes by remote spectroscopy.     

Heteroplasmy in hair: differences among hair and blood from the same individuals are still a matter of debate

The analysis of mitochondrial DNA (mtDNA) is a useful tool in forensic cases when sample contents too little or degraded nuclear DNA to genotype by autosomal short tandem repeat (STR) loci, but it is especially useful when the only forensic evidence is a hair shaft. Several authors have related differences in mtDNA from different tissues within the same individual, with high frequency of heteroplasmic variants in hair, as also in some other tissues. Is still a matter of debate how the differences influence the interpretation forensic protocols. One difference between two samples supposed to be originated from the same individual are related to an inconclusive result, but depending on the tissue and the position of the difference it should have a different interpretation, based on mutation-rate heterogeneity of mtDNA. In order to investigate it differences in the mtDNA control region from hair shafts and blood in our population, sequences from the hypervariable regions 1 and 2 (HV1 and HV2) from 100 Brazilian unrelated individuals were compared. The frequency of point heteroplasmy observed in hair was 10.5% by sequencing. Our study confirms the results related by other authors that concluded that small differences within tissues should be interpreted with caution especially when analyzing hair samples.